Sanjay Kumar Dwivedi, J
1. Heard learned counsels for petitioner and for State.
2. The petitioner is apprehending his arrest in connection with Bariyatu PS Case No.15 of 2025, corresponding to NDPS Case No.22 of 2025, for offence registered under section 15, 18, 25 of NDPS act, pending in court of learned Special Judge (NDPS), at Latehar.
3. Learned counsel for petitioner submits that false allegations are made against the petitioner of cultivating poppy plant in the forest area. He further submits that land is not belonging to the petitioner. He then submits that coaccused have been granted anticipatory bail in ABA No.2935 of 2025 and ABA No.4387 of 2025. He also submits that two criminal antecedents are there and in one of case, petitioner has been granted anticipatory bail and, in another case, petitioner has not been sent up for trial.
4. Learned State counsel opposes prayer and submits that even the criminal antecedents are there against the petitioner.
5. Considering that allegations are made of cultivation of poppy plant in forest area and even land is not of the petitioner as argued and the coaccused have been granted anticipatory bail as aforesaid and the criminal antecedent may be one of the criterion for allowing or rejecting anticipatory bail or the regular bail, however, it cannot be the sole criterion to allow or to reject the anticipatory bail or the regular bail, I am inclined to grant anticipatory bail to petitioner.
6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Special Judge (NDPS), at Latehar, in connection with Bariyatu PS Case No.15 of 2025, corresponding to NDPS Case No.22 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita, 2023.
